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As a new quesiont and followup to 3/10/2012: What will be

 
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Customer Question

As a new quesiont and followup to 3/10/2012:
What will be the results if the Mother and Grandchild were to
ask for foreclosure seeing that they cannot get the place sold
and cannot provide finances to manage the property ?

 

Optional Information:
Country relating to Question: United States
State (if USA): New York

Already Tried:
a real estate agent has been engaged and cannot sell the property.

Submitted: 294 days and 5 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  Tina replied 294 days and 5 hours ago.

Hello and welcome,

You are wondering what the results to the tenants will be if the owner requests that the rental property be foreclosed on where the lease has expired?

Customer replied 294 days and 5 hours ago.

The property is not being rented. The Grandmother and grandchild who purchased the property 4 years ago has moved out. They rented the property for 1 year. As of today the property is vacant and a real estate agent is trying to sell but has being unsuccesful. Can the owners start Foreclosure ? and what are ramifications to the Grandmother and grandchild if a foreclosure is done ?

Accepted Answer

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Expert:  Tina replied 294 days and 5 hours ago.

Thank you for the additional information.

Assuming the lender reserved the right to foreclose on the property if they borrowers defaulted, they could pursue foreclosure and take ownership of the property or sell it at auction to satisfy the debt.

If the home is worth less than is owed, the lenders may also pursue a deficiency judgment against the borrowers, seeking repayment of the balance of the debt owed following foreclosure.

If the home is worth more than is owed on the Loan, a foreclosure would normally result in the loss of the property and damage to the borrower's credit rating, but no further action normally. They may also be entitled to receive the balance of the proceeds of the sale of the property following the sale at auction if it sells for more than is owed on the loan.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.0 %
Accepts: 7464
Answered: 6/26/2012

Experience: JD, BBA Over 20 years legal and business experience.

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